State v. Blair

[¶ 85.] I dissent. This Court remanded Blair’s case with a direct command to the circuit court: resentence Blair taking into account the factors set forth in State v. Bonner, 1998 SD 30, 577 N.W.2d 575 and State v. Hinger, 1999 SD 91, 600 N.W.2d 542. The circuit court ignored this command and engaged in a “pick and choose” analysis whereby it addressed and accentuated only those facts that supported Blair’s excessive sentence. Today, this Court upholds the “pick and choose” analysis and does little to address whether Blair’s excessive sentence is consistent with the Eighth Amendment. If this…